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United States Court Cases

Nevada Supreme/Appellate Court Record

SMITH'S FOOD & DRUG CENTERS VS. OH C/W 43190

Case Information: 43406
Short Caption:SMITH'S FOOD & DRUG CENTERS VS. OH C/W 43190Court:Supreme Court
Consolidated: 43190 *, 43406Related Case(s): 43190 , 44416
Lower Court Case(s):Clark Co. - Eighth Judicial District - A463922Classification:Civil Appeal - General - Other
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:06/10/2004 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:03/24/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/07/2004Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Snell & Wilmer, LLP--check no. 2838.
06/07/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. (Docketing statement mailed to counsel for appellant.) 04-10439
06/10/2004Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts suspended pending further order of this court.)
06/22/2004Docketing StatementFiled Docketing Statement. Issued Notice to serve settlement judge. 04-11343
06/25/2004Notice/IncomingFiled Proof of Service. of docketing statement on settlement judge at Supreme Court Address. 04-11638
06/29/2004Notice/IncomingFiled Proof of Service. - Corrected Proof of Service of Docketing Statement on Settlement Judge. 04-11895
09/13/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: October 1, 2004. Nos. 43190/43406. 04-16725
10/04/2004Settlement Program ReportFiled Interim Settlement Program Report. The settlement conference is continued to the following date: first week of November. Nos. 43190/43406-cases are not consolidated. 04-18324
12/10/2004Settlement Program ReportFiled Interim Settlement Program Report. The parties were unable to agree to a settlement of this matter. Nos. 43190/43406-cases are not consolidated. 04-22593
01/27/2005Order/ProceduralFiled Order. Consolidating Appeals and Reinstating Briefing. These appeals arise from the same district court case and involve the same parties. We conclude that in the interest of judicial economy, these appeals should be consolidated. Accordingly, we consolidate these appeals for all appellate purposes. The parties were unable to agree to a settlement of the appeals in Docket Nos. 43190 and 43406. In light of that report, we reinstate the deadlines for requesting transcripts and filing briefs in those appeals and note that the appeal in Docket No. 44416 will not be assigned to the settlement conference program. These appeals shall follow parallel briefing schedules. Each appellant shall have 15 days from the date of this order to request transcripts in compliance with NRAP 9(a). Further, each appellant shall have 90 days from the date of this order to file and serve an opening brief and appendix concerning the issues raised in their respective appeal(s). Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We note that the appeal in Docket No. 44416 was docketed in this court on December 23, 2004. To date, appellants have failed to file the docketing statement. Appellants shall have 10 days from the date of this order to file and serve the docketing statement. Failure to comply timely may result in the imposition of sanctions, including dismissal of this appeal. Nos. 43190/43406/44416. (05-01750)
02/09/2005Docketing StatementFiled Docketing Statement. In 44416. Nos. 43190/43406/44416 (05-02643).
02/15/2005Transcript RequestFiled Request for Transcript of Proceedings. Appellant Oh. Transcripts requested: 03/24/03, 08/06/03, 09/08/03, 09/16/03, 10/09/03, 06/10/04, and 10/28/04. To Court Reporter: Yvonne Valentine. Nos. 43190/43406/44416 (05-02970).
02/15/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Filed in no. 44416 only. Nos. 43190/43406/44416 [05-02948)
02/16/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Amended/Supplemental. Filed in no. 44416 only. Nos. 43190/43406/44416 [05-03113]
03/30/2005MotionFiled Motion to Dismiss Appeal. Motion to Dismiss case no. 44416 only. Nos. 43190/43406/44416 (05-06276).
04/26/2005Order/ProceduralFiled Order. Dismissing Appeal in Docket No. 44416, Directing Compliance with NRAP 9(a) and Directing the Filing of Transcripts. On March 30, 2005, appellants Suk Joo Oh and Kyong Sun Oh, d/b/a Bonanza Discount Center, filed a notice to dismiss their appeal in Docket No. 44416. The motion is granted and the appeal in Docket No. 44416 is dismissed. We again direct Smith's Food to request transcripts in compliance with NRAP 9(a) 10 days from the date of this order. fn1[A copy of the transcript request form is attached to this order.] Court reporter Yvonne Valentine shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is need Ms. Valentin shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Valentine shall notify this court in writing of this fact. Nos. 43190/43406. (No. 44416 is no longer consolidated with Nos. 43190/43406). (05-08193)
04/28/2005BriefFiled Opening Brief. Appellant in 43406. Nos. 43190/43406 (05-08349).
04/28/2005AppendixFiled Appendix to Opening Brief. Appellant in 43406. Nos. 43190/43406 (05-08350).
05/10/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 11, 2004, April 19, 2004 and December 27, 2004. To Court Reporter: Yvonne Valentine. Nos. 43190/43406. (05-09100) STRICKEN PER 06/14/05 ORDER.
05/20/2005Letter/IncomingFiled Letter. - Submitted by Court Reporter Yvonne Valentin regarding requested transcripts. Nos. 43190/43406 (05-10005).
06/06/2005BriefFiled Answering Brief. Respondent in 43406. Nos. 43190/43406 (05-11093).
06/06/2005AppendixFiled Appendix to Answering Brief. Respondent in 43406. Nos. 43190/43406 (05-11094).
06/10/2005MotionFiled Motion to Extend Time. Appellant in case no. 43190. Nos. 43190/43406 (05-11476).
06/14/2005Order/ProceduralFiled Order. Order Striking Transcript Request Form and Directing Further Compliance with NRAP 9(a). We direct the clerk to strike the transcript request form filed by Smith's Food on May 10, 2005. Further, Ms. Valentin is not obligated to produce any of the transcripts identified in the transcript request form filed by Smith's Food. Smith's Food shall have 10 days from the date of this order to file an amended transcript request form that complies with NRAP 9(a). If no transcripts are necessary for our resolution of the issues raised on appeal, Smith's Food shall, within the same time period, file and serve a certificate of no transcript request. Smith's Food shall file and serve a supplemental appendix with a copy of the previously prepared March 11, 2004, transcript, within 10 days, if it is necessary for our review of the issues raised on appeal. Nos. 43190/43406 [05-11633]
06/20/2005MotionFiled Response to Motion. Opposition to Motion to Extend Time to file Opening Brief and Counter-Motion to Dismiss Case No. 43190 Pursuant to NRAP 31(c.)
06/27/2005Transcript RequestFiled Certificate of No Transcript Request. Appellant in 43406. Nos. 43190/43406 (05-12515).
06/28/2005BriefFiled Reply Brief. Appellant in 43406. Nos. 43190/43406 (05-12754).
07/21/2005Order/ProceduralFiled Order. On June 10, 2005, appellants Kyong Sun Oh and Suk Joo Oh, d/b/a Bonanza Discount Center (Bonanza Discount Center) filed a motion for an extension of time to file the opening brief in Docket No. 43190. fn1[Bonanza Discount Center's answering brief in Docket No. 43406 was filed on June 6, 2005. The briefing in that appeal was completed on June 28, 2005, with the filing of appellant's reply brief.] Bonanza Discount Center's counsel requests an extension of time until June 27, 2005, to file and serve the opening brief. Respondent in Docket No. 43190 and appellant in Docket No. 43406 (Smith's Food) opposes the motion for an extension of time and moves to have Bonanza Discount Center's appeal dismissed for failing to timely file the opening brief. We deny the motion for an extension of time, as moot. This court prefers to decide cases on their merits, whenever possible. We deny Smith's Food's motion to dismiss Bonanza Discount Center's appeal. Bonanza Discount Center shall have 10 days from the date of this order to file and serve the opening brief and appendix in Docket No. 43190. Failure to comply timely with this order may result in the imposition of sanctions. Nos. 43190/43406. (05-14497)
08/03/2005BriefFiled Opening Brief. Filed 43190. Nos. 43190/43406 (05-15428).
08/03/2005AppendixFiled Appendix to Opening Brief. Filed 43190. Nos. 43190/43406 (05-15429).
09/06/2005BriefFiled Answering Brief. Respondent in 43190. Nos. 43190/43406 (05-17601).
09/06/2005AppendixFiled Appendix to Answering Brief. Respondent in 43190. Nos. 43190/43406 (05-17608).
10/13/2005Case Status Update Briefing Completed. No reply brief (for appellant in 43190) filed. Nos. 43190/43406.
03/24/2006Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. Nos. 43190/43406 (06-06256).
03/24/2006Case Status Update Submitted for Decision. Nos. 43190/43406. SNP06-WM/MG/JM.
09/25/2006Order/DispositionalFiled Dispositional Order/Appeal. "ORDER the judgment of the district court AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP06-WM/MG/JH Nos. 43190/43406 06-19568
10/17/2006Post-Judgment PetitionFiled Petition for Rehearing. Nos. 43190/43406 (06-21328).
10/17/2006Filing FeeReceived Filing Fee Paid on Filing. $250.00 from Hong & Hong Law Offices-check no. 7211. Nos. 43190/43406.
10/25/2006Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). Nos. 43190/43406 [06-21939]
11/21/2006RemittiturIssued Remittitur. 06-23863
11/21/2006Case Status Update Remittitur Issued/Case Closed.
12/06/2006RemittiturFiled Remittitur. Received by County Clerk on November 27, 2006. 06-23863